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Drug Testing for Unemployment Applicants May Be Coming Soon

By Brian Kelly on September 5, 2019
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Under a new rule being advanced by the U.S. Department of Labor, applicants for unemployment benefits may soon have to pass a drug test in order to receive benefits. The rule, which has been a source of significant controversy, recently moved closer to becoming a reality when the DOL sent it to the federal budget oversight office for final approval.

President Trump has expressed support for the DOL’s proposed rule, which would allow states to deny unemployment benefits to applicants who test positive for the use of controlled substances. The rule would not apply to all applicants, but instead just to applicants whose only suitable work is in an occupation that regularly conducts drug testing.

Opponents of the rule cite privacy issues and argue that the rule is not necessary and will disproportionately impact historically disadvantaged groups. Opponents have promised to pursue legal challenges if the rule is implemented.

Photo of Brian Kelly Brian Kelly

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management…

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management in all phases of labor relations and employment litigation. Brian regularly represents employers in litigation before federal and state courts, administrative agencies and arbitrators involving employment discrimination and harassment, wrongful discharge, theft of trade secrets, breaches of non-compete agreements and other employment contract topics. Brian also has extensive experience counseling employers on employment topics ranging from FMLA and ADA compliance to reduction in workforce planning and implementation. In the labor relations area, Brian has significant experience in collective bargaining negotiation, union avoidance techniques and strike disputes. Brian has also developed and implemented personnel policies and in-house training programs on a variety of labor and employment law topics.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

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